TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86733769

Filing Date: 08/23/2015

To the Commissioner for Trademarks:

MARK: SANDS (stylized and/or with design, see mark)

The literal element of the mark consists of SANDS.
The applicant is not claiming color as a feature of the mark. The mark consists of the word "SANDS" in stylized form in the center of the figure with the "A" and the "D" being identical designs except for being rotated one hundred eighty degrees relative to each other, with the word "sands" in smaller text positioned below the stylized version and with the word "sands" rotated one hundred eighty degrees and positioned above the stylized "SANDS", such that the overall design has the same appearance when rotated one hundred eighty degrees in either direction.
The applicant, Gary C. Sanden, a citizen of United States, having an address of
      379 Broad Street
      Salamanca, New York 14779
      United States


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 034:  cigarettes

In International Class 034, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/04/2011, and first used in commerce at least as early as 03/04/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) picture of the packaging for the goods bearing the mark.
Specimen File1



The applicant's current Attorney Information:
      David L. Principe and Tara Hart-Nova of Phillips Lytle LLP

      One Canalside
      125 Main Street
      Buffalo, New York 14203
      United States
The attorney docket/reference number is 37654.00000.

The applicant's current Correspondence Information:

David L. Principe

Phillips Lytle LLP

One Canalside       125 Main Street

Buffalo, New York 14203

716-847-7066(phone)

716-852-6100(fax)

dprincipe@phillipslytle.com;spiatkowski@phillipslytle.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /david principe/   Date: 08/23/2015
Signatory's Name: David L. Principe
Signatory's Position: Attorney of record, New York bar member
RAM Sale Number: 86733769
RAM Accounting Date: 08/24/2015

Serial Number: 86733769
Internet Transmission Date: Sun Aug 23 10:26:14 EDT 2015
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20150823102614699
795-86733769-54097beed29698cc7c38f35ce82
78b7a8bf7f557c99e9d2764f35cd8197d2a6351-
CC-7493-20150823102250086083